Code of Federal Regulations · Section
§ 536.75 — Claims Payable Under The Military Claims Act
32 C.F.R. § 536.75
(a) General. Unless otherwise prescribed, a claim for personal injury, death, or damage to, or loss or destruction of, property is payable under this subpart when:
(1) Caused by an act or omission of military personnel or civilian employees of the DA or DOD, acting within the scope of their employment, that is determined to be negligent or wrongful; or
(2) Incident to the noncombat activities of the armed services.
(b) Property. Property that may be the subject of claims for loss or damage under this subpart includes:
(1) Real property used and occupied under lease (express, implied, or otherwise). See § 536.34(m) and paragraph 2-15m of DA Pam 27-162.
(2) Personal property bailed to the government under an agreement (express or implied), unless the owner has expressly assumed the risk of damage or loss.
(3) Registered or insured mail in the DA's possession, even though the loss was caused by a criminal act.
(4) Property of a member of the armed forces that is damaged or lost incident to service, if such a claim is not payable as a personnel claim under AR 27-20, chapter 11.
(c) Maritime claims. Claims that arise on the high seas or within the territorial waters of a foreign country are payable unless settled under subpart H of this part.
Authorizing Statute
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Settlement: final and conclusive10 U.S.C. § 2735
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Cooperation with other Government agencies39 U.S.C. § 411
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Art. 139. Redress of injuries to property10 U.S.C. § 939
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Property loss; personal injury or death: advance payment10 U.S.C. § 2736
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Definition10 U.S.C. § 2731
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Definitions10 U.S.C. § 4801
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Defense of certain suits arising out of legal malpractice10 U.S.C. § 1054
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Defense of certain suits arising out of medical malpractice10 U.S.C. § 1089
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Final decisions of district courts28 U.S.C. § 1291